markmc999 v HFC - HFC claim that OFT ruling does not apply to them

[markmc999]

Hey guys,

 

First post here so please be nice to me

 

I am working on behalf of my parents so sent in the standard letters as you talked about and sent them the initial refund request and statement of charges. I received a reply back today saying:

 

The OFT has been investigating the level of default charges in respect to the Credit Card industry. However, your account does not relate to a credit card agreement and therefore we do not accept that it is covered by the OFT's investigation or the announcement it made on 5th April 2006.

 

Default charges are made if customers do not make the required minimum payment by the payment due date, or if a payment to their account is returned unpaid. We believe that the fees imposed by HFC Bank Ltd. are fair and reasonable and the circumstances when they apply are set out in the T&C's of the account.

 

I would like to thank you for taking the time to bring this matter to my attention. I regret that we are not prepared to make any refund or default charges, or provide compensation payments.

 

Ultimatley, if you remain dissatisfied, your complaint can be referred to the Finance and Leasing Association as an independent adjudicator financial firms and their customers.

 

I know that the letter they have sent is a fob off - the thing from the OFT is factually incorrect.

 

However I dont know what to do now, do I go back to HFC with a letter saying this (is this letter a standard fob off? It doesnt seem to be) or should I go straight to the Finance and Leasing Association.

 

I'd prefer to go back to the bank and give them another 14 days, what do you guys think? Any standard letters I could use?

 

Also one of the charges on the account was for nearly £300 with no explanation or anything, should we detail this as a seperate item in the letter? It has been listed on the statement of charges but not sure what else to do about it. My dad did phone the bank about it and was told "urm. no idea at all what it is or why you have been charged it".

 

Thanks guys!

 

Hopefully I have made some sense!!

[gizmo111]

Hey guys,

 

First post here so please be nice to me

 

I am working on behalf of my parents so sent in the standard letters as you talked about and sent them the initial refund request and statement of charges. I received a reply back today saying:

 

 

 

I know that the letter they have sent is a fob off - the thing from the OFT is factually incorrect.

 

However I dont know what to do now, do I go back to HFC with a letter saying this (is this letter a standard fob off? It doesnt seem to be) or should I go straight to the Finance and Leasing Association.

 

I'd prefer to go back to the bank and give them another 14 days, what do you guys think? Any standard letters I could use?

 

Also one of the charges on the account was for nearly £300 with no explanation or anything, should we detail this as a seperate item in the letter? It has been listed on the statement of charges but not sure what else to do about it. My dad did phone the bank about it and was told "urm. no idea at all what it is or why you have been charged it".

 

Thanks guys!

 

Hopefully I have made some sense!!

 

Just go straigh ahead with your LBA. With the total amount claimed put as 2 items eg £xxx items on statements with descriptions + £xxx charges on satements wit hno description or expalnation = £xxxx total that I am reclaiming from you.

 

Good Luck

[markmc999]

Should I say anything within the letter about there reply being factually incorrect or not?

 

Hmmm... decisions decisions

 

Thanks for a prompt reply by the way!

[livelylad]

Should I say anything within the letter about there reply being factually incorrect or not?

 

Hmmm... decisions decisions

 

Thanks for a prompt reply by the way!

 

Its not factually incorrect, The OFT does not mention banks. You are claiming using common/statute and various consumer regs.

[markmc999]

Aaaah ok so basically just ignore the whole blurb in the letter and send back the letter in the library missing out the "ignoring me" comments